Minnesota Legislature
HF 2508
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/20/2024 01:12pm
Current Version - as introduced
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A bill for an act
relating to health occupations; modifying acupuncture and herbal medicine practice;
amending Minnesota Statutes 2022, sections 147B.01, subdivisions 3, 4, 9, 14, by
adding a subdivision; 147B.03, subdivisions 2, 3; 147B.05, subdivision 1; 147B.06,
subdivisions 1, 4, 5; repealing Minnesota Statutes 2022, section 147B.01,
subdivision 18.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 147B.01, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Acupuncture. new text end
new text begin
"Acupuncture" means a unique treatment technique that uses
modern and traditional medical methods of diagnosis and treatment. It includes the insertion
of filiform or acupuncture needles through the skin and may include the use of other
biophysical methods of acupuncture point stimulation, including the use of heat, massage,
or manual therapy techniques, or electrical stimulation. Acupuncture includes but is not
limited to therapies termed "dry needling," "trigger point therapy," "intramuscular therapy,"
"auricular detox treatment," and similar terms referring to the insertion of needles past the
skin for pain management, disease or symptom modification, or other related treatments.
new text end
Sec. 2.
Minnesota Statutes 2022, section 147B.01, subdivision 3, is amended to read:
Subd. 3.
Acupuncture new text begin and herbal medicine new text end practice.
"Acupuncturenew text begin and herbal medicinenew text end
practice" means a deleted text begin comprehensivedeleted text end system of new text begin primary new text end health care deleted text begin using Oriental medical
theory and its unique methods of diagnosis and treatment. Its treatment techniques include
the insertion of acupuncture needles through the skin and the use of other biophysical
methods of acupuncture point stimulation, including the use of heat, Oriental massage
techniques, electrical stimulation, herbal supplemental therapies, dietary guidelines, breathing
techniques, and exercise based on Oriental medical principlesdeleted text end new text begin that uses traditional and
modern diagnosis, methodology, and treatment techniques based on acupuncture and herbal
medicine theory, principles, and methods. Treatment techniques include but are not limited
to acupuncture, cupping, dermal friction, therapeutic massage, herbal therapies, dietary and
nutrition therapies, mind-body exercises, and other appropriate techniquesnew text end .
Sec. 3.
Minnesota Statutes 2022, section 147B.01, subdivision 4, is amended to read:
Subd. 4.
Acupuncture needle.
"Acupuncture needle" means a needle designed
exclusively for deleted text begin acupuncturedeleted text end new text begin thenew text end purposesnew text begin of insertion past the skin to alleviate pain, provide
symptom relief, or to modulate disease processesnew text end . It has a solid core, with a tapered point,
and is 0.12 mm to 0.45 mm in thickness. It is constructed of stainless steel, gold, silver, or
other board-approved materials as long as the materials can be sterilized according to
recommendations of the National Centers for Disease Control and Prevention.
Sec. 4.
Minnesota Statutes 2022, section 147B.01, subdivision 9, is amended to read:
Subd. 9.
Breathing techniques.
"Breathing techniques" means deleted text begin Orientaldeleted text end breathing
exercises taught to a patient as part of a treatment plan.
Sec. 5.
Minnesota Statutes 2022, section 147B.01, subdivision 14, is amended to read:
Subd. 14.
Herbal therapiesnew text begin or herbal medicinenew text end .
"Herbal therapies" deleted text begin aredeleted text end new text begin or "herbal
medicine" meansnew text end the use of herbs and patent herbal remedies as supplements as part of the
treatment plan of the patient.
Sec. 6.
Minnesota Statutes 2022, section 147B.03, subdivision 2, is amended to read:
Subd. 2.
Board approval.
The board shall approve a continuing education program if
the program meets the following requirements:
(1) it directly relates to the practice of acupuncture;
(2) each member of the faculty shows expertise in the subject matter by holding a degree
or certificate from an educational institution, has verifiable experience in deleted text begin traditional Orientaldeleted text end
new text begin acupuncture and herbal new text end medicine, or has special training in the subject area;
(3) the program lasts at least one contact hour;
(4) there are specific written objectives describing the goals of the program for the
participants; and
(5) the program sponsor maintains attendance records for four years.
Sec. 7.
Minnesota Statutes 2022, section 147B.03, subdivision 3, is amended to read:
Subd. 3.
Continuing education topics.
(a) Continuing education program topics may
includedeleted text begin ,deleted text end but are not limited todeleted text begin , Oriental medicaldeleted text end new text begin acupuncture and herbal medicinenew text end theory
and techniques including deleted text begin Orientaldeleted text end massage; deleted text begin Orientaldeleted text end nutrition; deleted text begin Orientaldeleted text end herbology and diet
therapy; deleted text begin Orientaldeleted text end exercise; deleted text begin western sciences such asdeleted text end anatomy, physiology, biochemistry,
microbiology, psychology, deleted text begin nutrition,deleted text end history of medicine; and medical terminology or
coding.
(b) Practice management courses are excluded under this section.
Sec. 8.
Minnesota Statutes 2022, section 147B.05, subdivision 1, is amended to read:
Subdivision 1.
Creation.
The advisory council to the Board of Medical Practice for
acupuncture consists of seven members appointed by the board to three-year terms. Four
members must be deleted text begin licenseddeleted text end acupuncture practitionersnew text begin licensed in Minnesotanew text end , one member
must be a licensed physician or osteopathic physician who also practices acupuncture, one
member must be a licensed chiropractor who is NCCAOM certified, and one member must
be a member of the public who has received acupuncture treatment as a primary therapy
from a NCCAOM certified acupuncturist.
Sec. 9.
Minnesota Statutes 2022, section 147B.06, subdivision 1, is amended to read:
Subdivision 1.
Practice standards.
(a) Before treatment of a patient, an acupuncture
practitioner shall ask whether the patient has been examined by a licensed physician or other
professional, as defined by section 145.61, subdivision 2, with regard to the patient's illness
or injury, and shall review the diagnosis as reported.
(b) The practitioner shall obtain informed consent from the patient, after advising the
patient of the following information which must be supplied to the patient deleted text begin in writingdeleted text end before
or at the time of the initial visit:
(1) the practitioner's qualifications including:
(i) education;
(ii) license information; and
(iii) outline of the scope of practice of acupuncturists in Minnesota; and
(2) side effects which may include the following:
(i) some pain in the treatment area;
(ii) minor bruising;
(iii) infection;
(iv) needle sickness; or
(v) broken needles.
deleted text begin
(c) The practitioner shall obtain acknowledgment by the patient in writing that the patient
has been advised to consult with the patient's primary care physician about the acupuncture
treatment if the patient circumstances warrant or the patient chooses to do so.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end The practitioner shall inquire whether the patient has a pacemaker or bleeding
disorder.
Sec. 10.
Minnesota Statutes 2022, section 147B.06, subdivision 4, is amended to read:
Subd. 4.
Scope of practice.
The scope of practice of acupuncture new text begin and herbal medicine
new text end includesdeleted text begin ,deleted text end but is not limited todeleted text begin ,deleted text end the following:
(1) deleted text begin using Oriental medical theory to assess and diagnose a patient;deleted text end new text begin evaluation,
management, and treatment services using methods and techniques described in section
147B.01, subdivisions 2a, 3, and 14;
new text end
(2) deleted text begin using Oriental medical theory to develop a plan to treat a patient. The treatment
techniques that may be chosen include:deleted text end new text begin diagnostic examination, testing, and procedures
including physical examination, diagnostic imaging, and laboratory or other diagnostic tests
for the purposes of guiding treatment or referral, as described in section 147B.01, subdivisions
2a, 3, and 14;
new text end
deleted text begin
(i) insertion of sterile acupuncture needles through the skin;
deleted text end
deleted text begin
(ii) acupuncture stimulation including, but not limited to, electrical stimulation or the
application of heat;
deleted text end
deleted text begin
(iii) cupping;
deleted text end
deleted text begin
(iv) dermal friction;
deleted text end
deleted text begin
(v) acupressure;
deleted text end
deleted text begin
(vi) herbal therapies;
deleted text end
deleted text begin
(vii) dietary counseling based on traditional Chinese medical principles;
deleted text end
deleted text begin
(viii) breathing techniques;
deleted text end
deleted text begin
(ix) exercise according to Oriental medical principles; or
deleted text end
deleted text begin
(x) Oriental massage.
deleted text end
new text begin
(3) services included in the practice of acupuncture and herbal medicine, as defined in
section 147B.01, subdivision 3;
new text end
new text begin
(4) stimulation of acupuncture points, areas of the body, or substances in the body using
acupuncture needles, heat, cold, color, light, infrared and ultraviolet, lasers, sound, vibration,
pressure, magnetism, electricity, electromagnetic energy, bleeding, suction, or other devices
or means;
new text end
new text begin
(5) use of physical medicine modalities, procedures, and devices such as cupping, dermal
friction, acupressure, and massage, as described in section 147B.01, subdivisions 2a, 3, and
14;
new text end
new text begin
(6) use of therapeutic exercises, breathing techniques, meditation, and use of biofeedback
devices and other devices that utilize heat, cold, color, light, infrared and ultraviolet, lasers,
sound, vibration, pressure, magnetism, electricity, and electromagnetic energy for therapeutic
purposes;
new text end
new text begin
(7) dietary and nutritional counseling and the prescription or administration of food,
beverages, and dietary supplements for therapeutic purposes, using methods and techniques
described in section 147B.01, subdivisions 2a, 3, and 14;
new text end
new text begin
(8) counseling and education regarding physical, emotional, and spiritual balance in
lifestyle, using methods and techniques described in section 147B.01, subdivision 3; and
new text end
new text begin
(9) injection therapy, including the injection of sterile and prepared herbal products,
vitamins, minerals, and homeopathic or other substances that are prepared for injection via
nonintravenous hypodermic needles into acupuncture points for pain or symptom
management. Prior to initiating injection therapy services, an acupuncturist must provide
proof of training to the board, as required by the board.
new text end
Sec. 11.
Minnesota Statutes 2022, section 147B.06, subdivision 5, is amended to read:
Subd. 5.
Patient records.
An acupuncturist shall maintain a patient record for each
patient treated, including:
(1) a copy of the informed consent;
(2) evidence of a patient interview concerning the patient's medical history and current
physical condition;
(3) evidence of deleted text begin a traditional acupuncturedeleted text end examination and diagnosis;
(4) record of the treatment including points treated; and
(5) evidence of evaluation and instructions given to the patient.
Sec. 12. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 147B.01, subdivision 18,
new text end
new text begin
is repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 23-03029
147B.01 DEFINITIONS.
Subd. 18.
Oriental medicine.
"Oriental medicine" means a system of healing arts that perceives the circulation and balance of energy in the body as being fundamental to the well-being of the individual. It implements the theory through specialized methods of analyzing the energy status of the body and treating the body with acupuncture and other related modalities for the purpose of strengthening the body, improving energy balance, maintaining or restoring health, improving physiological function, and reducing pain.